Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition Insights from practice: In 2019, the National Human Rights Commission of Mexico submitted written information to the Committee against Torture prior to the state review. Representatives from the Commission, including the National Preventive Mechanism also held a private and closed meeting with the members of the Committee and attended the session. 1.3.2. Committee’s inquiry procedure The Committee against Torture can carry out a confidential inquiry into torture if it receives reliable information that torture is being systematically practiced in a certain country. Such an inquiry might include a visit to the country concerned. Although the report of the inquiry will be confidential, a summary of the inquiry report is provided in the Committee’s annual report. In addition, the very fact that an investigation takes place can by itself have a positive impact. A limited number of countries do not want the Committee to conduct such inquiries and have therefore submitted a reservation to the relevant article – article 20 – when ratifying the Convention against Torture. Following the country visit, the Committee will determine whether or not the practice of torture is systematic. The Committee has developed the following criteria to establish what is meant by “systematic”: • torture is habitual, widespread and deliberate in at least a considerable part of the territory • this may or may not be the result of direct Government policy • failure to enact laws preventing torture may also add to the systematic nature of torture. Role of NHRIs regarding inquiry procedure NHRIs can raise awareness about the inquiry procedure at the national level and the process of submitting information to the Committee. NHRIs can provide the Committee with reliable information about the systematic use of torture in the country and also provide support to assist with its inquiries. Prior to and during the visit, NHRIs can meet with the delegation and provide additional information, mindful of the confidential nature of the inquiry. This information could include suggestions regarding places of detention to visit, allegations of torture and issues that should be raised by the Committee with the State. NHRIs can also submit information on the status of implementation of the Committee’s recommendations following the inquiry, as well as relevant reliable information on any developments that may have taken place after the country visit or at any other stage of the procedure. 1.3.3. Individual complaints It may be possible for the Committee against Torture to consider individual complaints if the relevant State has accepted this procedure under article 22 of the Convention against Torture. If this is the case, an individual can bring a complaint of torture or ill-treatment. Alternatively, the person’s relatives, a designated representative or the NHRI can bring the complaint if the victim is unable to do so. There is no time limit on making a complaint. However, the alleged violation must have taken place after the State accepted the complaints procedure. In addition to allegations of torture or ill-treatment, an individual may also complain if the State has failed to meet its obligations under the Convention against Torture. The most serious complaints might involve: • a threat to expel someone to a country where they are in danger of torture 94